Maheshwari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52741 of 2023 Arising Out of PS. Case No.-1452 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.
Maheshwari Devi W/O Phagu Kewat R/O Village- Bedangi, Ps. Mansahi, Dist. Katihar 2.
Fagu Kewat S/O Late Bodhi Kewat R/O Village- Bedangi, Ps. Mansahi, Dist. Katihar ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Anjali Kumari @ Anju Devi W/O Puran Kewat, D/O Lalu Kewat R/O Village- Chotki Ratani, Ps. Hasanganj, Dist. Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Ranjan, Advocate For the Opposite Party/s :
Mr.Lakshmi Kant Sharma, A.P.P For the Opposite Party No. 2 : Mr. Bimla Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Complaint Case No. 1452/2022 dated 18.07.2022 registered for the offences punishable under Sections 498A and 323 read with 34 of the Indian Penal Code.
4. As per the prosecution case the petitioner and the
Patna High Court CR. MISC. No.52741 of 2023(4) dt.28-11-2023 2/3 co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of Rs. 1,00,000/- as dowry.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Learned counsel has further submitted that the petitioners are mother-in-law and father-in-law of the complainant and they neither demanded any dowry nor tortured the complainant. The petitioners are accused in one more criminal case as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Complaint Case No. 1452/2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.52741 of 2023(4) dt.28-11-2023 3/3
8. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T